- 13 - on white paper of a blank Form 872, signed in ballpoint pen by petitioner and Mrs. Hernandez. Although the Court is not a handwriting expert, cf. Bagby v. Commissioner, 102 T.C. 596, 606 (1994), the signatures of Mr. and Mrs. Hernandez on the form appear to be similar, indeed virtually identical, to their signatures on the first extension of the period of limitations and their signatures on the Forms 1040 they filed for each of the years in issue. Furthermore, petitioner’s insistence that the March 20, 1995, Form 872 was printed on green paper may be easily explained by the fact that he and Mrs. Hernandez signed the first extension, for tax year 1990, which was printed on green paper, and that he incorrectly recollects that extension as the second Form 872 signed by petitioner and Mrs. Hernandez on March 20, 1995, which is on white paper. Petitioner has produced no evidence to show that the Form 872 dated March 20, 1995, was altered in any way or that the signatures on the form were not those of him and Mrs. Hernandez. Petitioner has neither carried his burden of proof by going forward with evidence that this Form 872 is a forgery, nor has he carried his burden of ultimate persuasion. Rule 142(a); see also Bybee v. Commissioner, T.C. Memo. 1996-411, affd. without published opinion 129 F.3d 124 (9th Cir. 1997) (taxpayer failed to show that signatures on Form 872 were forgeries). We find that the Form 872 dated March 20, 1995, is a valid extension,Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011